Fred Ryan, September 3, 1998

HARDY MYERS
1\TTOR,'\iEY CENERt\L
Fred Ryan
Oregon Golden Gloves
P.O. Box 83135
Portland, OR 97203
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
S.i.lem, Oregon 97310-0506
Telephone: (503) 378--t-lOO
TDD' (503) 378-5938
September 3, 1998
Re: Public Records Disclosure Order
Oregon State Boxing and Wrestling Commission Records
Dear Mr. Ryan:
DAVID SCHUMAN
DEPUTY ATTORNEY GENERAL
On August 26, 1998, you wrote a letter to the Oregon State Boxing and Wrestling
Commission (commission) on which you appended a note asking the Attorney General to
ensure that the commission "responds lawfully" to your request for records and information
from that agency. We are treating that communication to the Attorney General, which we
received on August 28, 1998, as a petition under the Oregon Public Records Law, ORS
192.410 to 192.505, asking the Attorney General to direct the commission to make those
records available to you. This letter is the Attorney General's order on that petition .
. ,
The Public Records 1Law confers a right to inspect any public record of a public body
in Oregon, subject to certain exemptions and limitations. ORS 192.420. The law requires that
the custodian of the public records provide "proper and reasonable" opportunities for
inspection of the records. ORS 192.430. The public body may establish fees reasonably
calculated to reimburse it for making records available. ORS 192.440. A person who is
denied the right to inspect or receive a copy of a public record of a state agency may petition
the Attorney General to review the record, determine if it may be withheld from public
inspection, and issue an order granting or denying the petition. ORS 192.450.
In your August 26, 1998 letter to the commission, you asked the commission to
provide you with the "names of all individuals and entities licensed in the following capacities
in the last bi-annum [sic] by your agency to perform in Oregon: Boxers, Managers,
Promoters, Trainers and Seconds, Boxing Commission Officials, i.e., Timekeepers, Judges,
Fred Ryan
Page 2
September 3, 1998
Referees." You also requested "the names of all bonding companies that have issued bonds for
boxing and wrestling promoters in Oregon for the last bi-annum."
In your appended communication to the Attorney General, you stated that this request
to the commission was your "second request." We are informed by Bruce Anderson, Director
of the Boxing and Wrestling Commission, that on September 16, 1997, you requested the
commission to provide you with "a list of boxers, managers and promoters currently licensed
by the State of Oregon," as well as information relating to three named promoters. On
October 20, 1997, the commission provided you with the requested information relating to the
three named promoters. The commission informed you, however, that its records did not
include any list or lists of licensed boxers, managers, or promoters. Mr. Anderson has
confirmed to us that this is the case.
Under the Oregon Public Records Law, an agency is not required to create a record by
compiling information from other records. See ATTORNEY GENERAL'S PuBLIC RECORDS AND
MEETINGS MANUAL 5 (1997). And, this office has no authority to order an agency to produce
records that do not exist. See ORS 192.450(1).
You have now requested the "names of all individuals and entities" licensed as boxers,
managers, promoters, trainers and seconds, and boxing commission officials (including
timekeepers, judges, and referees), as well as information relating to bonding companies. We
are informed by Mr. Anderson that a representative of the commission will be contacting you
regarding this request.
Because the commission has not denied your records request of August 26, 1998, your
petition to the Attorney General with respect to this request is premature. Accordingly, we
respectfully deny your petifam.
Sincerely,
Deputy Attorney General
AGS00654
c: Bruce Anderson, Director
Boxing and Wrestling Commission

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HARDY MYERS
1\TTOR,'\iEY CENERt\L
Fred Ryan
Oregon Golden Gloves
P.O. Box 83135
Portland, OR 97203
DEPARTMENT OF JUSTICE
1162 Court Street NE
Justice Building
S.i.lem, Oregon 97310-0506
Telephone: (503) 378--t-lOO
TDD' (503) 378-5938
September 3, 1998
Re: Public Records Disclosure Order
Oregon State Boxing and Wrestling Commission Records
Dear Mr. Ryan:
DAVID SCHUMAN
DEPUTY ATTORNEY GENERAL
On August 26, 1998, you wrote a letter to the Oregon State Boxing and Wrestling
Commission (commission) on which you appended a note asking the Attorney General to
ensure that the commission "responds lawfully" to your request for records and information
from that agency. We are treating that communication to the Attorney General, which we
received on August 28, 1998, as a petition under the Oregon Public Records Law, ORS
192.410 to 192.505, asking the Attorney General to direct the commission to make those
records available to you. This letter is the Attorney General's order on that petition .
. ,
The Public Records 1Law confers a right to inspect any public record of a public body
in Oregon, subject to certain exemptions and limitations. ORS 192.420. The law requires that
the custodian of the public records provide "proper and reasonable" opportunities for
inspection of the records. ORS 192.430. The public body may establish fees reasonably
calculated to reimburse it for making records available. ORS 192.440. A person who is
denied the right to inspect or receive a copy of a public record of a state agency may petition
the Attorney General to review the record, determine if it may be withheld from public
inspection, and issue an order granting or denying the petition. ORS 192.450.
In your August 26, 1998 letter to the commission, you asked the commission to
provide you with the "names of all individuals and entities licensed in the following capacities
in the last bi-annum [sic] by your agency to perform in Oregon: Boxers, Managers,
Promoters, Trainers and Seconds, Boxing Commission Officials, i.e., Timekeepers, Judges,
Fred Ryan
Page 2
September 3, 1998
Referees." You also requested "the names of all bonding companies that have issued bonds for
boxing and wrestling promoters in Oregon for the last bi-annum."
In your appended communication to the Attorney General, you stated that this request
to the commission was your "second request." We are informed by Bruce Anderson, Director
of the Boxing and Wrestling Commission, that on September 16, 1997, you requested the
commission to provide you with "a list of boxers, managers and promoters currently licensed
by the State of Oregon," as well as information relating to three named promoters. On
October 20, 1997, the commission provided you with the requested information relating to the
three named promoters. The commission informed you, however, that its records did not
include any list or lists of licensed boxers, managers, or promoters. Mr. Anderson has
confirmed to us that this is the case.
Under the Oregon Public Records Law, an agency is not required to create a record by
compiling information from other records. See ATTORNEY GENERAL'S PuBLIC RECORDS AND
MEETINGS MANUAL 5 (1997). And, this office has no authority to order an agency to produce
records that do not exist. See ORS 192.450(1).
You have now requested the "names of all individuals and entities" licensed as boxers,
managers, promoters, trainers and seconds, and boxing commission officials (including
timekeepers, judges, and referees), as well as information relating to bonding companies. We
are informed by Mr. Anderson that a representative of the commission will be contacting you
regarding this request.
Because the commission has not denied your records request of August 26, 1998, your
petition to the Attorney General with respect to this request is premature. Accordingly, we
respectfully deny your petifam.
Sincerely,
Deputy Attorney General
AGS00654
c: Bruce Anderson, Director
Boxing and Wrestling Commission